TERMS AND CONDITIONS FOR USEIt is important for you to talk with your child about using the Internet safely. - Remind your child to never give out his or her full name, address, or phone number without your permission. - Tell your child that if he or she receives something that he or she is not sure about, to let you know. - Impress upon your child the importance of never engaging others in communication that would put him or her at risk, such as agreeing to meet someone he or she has been "chatting" with, but never met. We will not condition a child's participation in a certain activity on the site on the child's providing more personal information than is necessary in order to allow such participation. INTRODUCTION Welcome to the Internet sites of Andrew Rader Studios ("RADER"). "RADER Sites" include chem4kids.com, biology4kids.com, geography4kids.com, physics4kids.com, cosmos4kids.com, numbernut.com, and other Internet sites on which these terms of use are posted. RADER and any and all entities that control, are controlled by, or are affiliated or under common control with, RADER are collectively referred to herein as "we," "us" or "our". PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY RADER SITE By using any RADER Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the RADER Sites. Note that special terms apply to some services offered on certain RADER Sites, like other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the RADER Sites and receipt of data, materials and information available at or through the RADER Sites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of any RADER site following the posting of changes to these terms will mean you accept those changes. EMBEDDED ADVERTISEMENTS AND SEARCH RESULT ADVERTISEMENTS We use third-party advertising companies (Google) to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. From Google, we have the following information...
CONTENT ACCESSIBLE THROUGH LINKS FROM RADER SITES AND SEARCH RESULTS You should be aware that when you are on a RADER Site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as Google banner advertisements and links from Google advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are NOT controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any RADER Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages. RADER IS AN AMAZON AFFILIATE MEMBER RADER is a participant in the Amazon Services LLC Associates Program. You acknowledge that association when you click on any of the aforementioned Amazon affiliate links. Amazon.com and any businesses that work with Amazon.com are NOT controlled by us. Different terms of use and privacy policy will apply and we are not responsible for such sites. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any RADER Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. As with Google advertisers and search results, we do NOT collect any personal information nor do we have access to any personal information such as usernames, passwords, or credit card information. These external sites may collect usage information to assist in content delivery. If there are problems with products or transactions, you must contact Amazon or the company through which the product was purchased. Again, we have no access to transactions or personal data collected by any external sites.
PRIVACY POLICY This is how we handle information we learn about you from your visit to our website. The information we receive depends on what you do when you visit our site. If you visit our site to browse, or to read or download information like desktop patterns or press releases: We collect and store: the name of the domain and host from which you access the Internet (for example, aol.com or stanford.edu); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and the Internet address of the website from which you linked directly to our site. We use this information to measure the number of visitors to the different sections of our site, and to help us make our site more useful. RADER does not use "cookies" on any RADER site. If you visit our site and send us an e-mail: It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of any possible registration data, we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of a RADER site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on RADER; (2) protect and defend the rights or property of RADER; or (3) act in an emergency to protect the personal safety of our guests or the public. For additional cookie information (non-RADER), see the above section on advertising. We have NO access to the data collected by Google, Amazon, or its advertisers. We do not have any control over the types of or content contained in ads served by the Google ad service. We contact Google in the same way you would to bring attention to offensive or inappropriate ads. Use this link for Google Feedback on ads. http://adwords.google.com/support/aw/bin/request.py?display=feedback&origin=ashc Guests shall remain solely responsible for the content of their messages. By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. USE OF CONTENT All information, materials, functions and other content contained on RADER Sites are our copyrighted property, the copyrighted property of our licensors or licensees, or public domain content (government photos for example). All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the RADER Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any RADER Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the RADER Site, except that where a RADER Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of RADER Sites is prohibited. In the event that we offer downloads of software on a RADER Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. SUBMISSIONS In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through a RADER Site. RADER is pleased to hear from its users and welcomes any comments regarding RADER products, including RADER's online services. However, RADER does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by RADER's professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If at our request you send certain specific submissions (e.g., postings or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of RADER. None of the Submissions shall be subject to any obligation of confidence on the part of RADER, and RADER shall not be liable for any use or disclosure of any of those Submissions. Without limitation of the foregoing, RADER shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any RADER Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. LICENSES AND REPRESENTATIONS You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on RADER Sites, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License"). By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us. DISCLAIMERS THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO RADER SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY RADER SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY RADER SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Furthermore, the Content is not intended to be a substitute for professional advice. Always seek the advice of your teacher or content expert (human or print material) with any questions you may have. Reliance on any information appearing on a RADER Site is strictly at your own risk. RADER Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of RADER Sites are intended for entertainment purposes only. Such content is not intended to, and do not, constitute educational, legal, professional, medical or healthcare advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, the RADER Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. INDEMNIFICATION You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the RADER Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY RADER SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A RADER SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY RADER SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO RADER SITES OR CHANGE THE RADER SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. JURISDICTIONAL AND VENUE ISSUES Unless otherwise specified, the materials in the site are presented solely for the purpose of promotion and entertainment in the United States, its territories, possessions, and protectorates. This site is controlled and operated by RADER from its offices within the State of California, United States of America. RADER makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access a RADER Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. Supply of goods, services and software through RADER Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through RADER Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through RADER Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List. AMENDMENT AND TERMINATION At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). Any such amendment to these terms of use will be effective thirty (30) calendar days following our posting of notice of the changes in the form of a date on this page. These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all RADER site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from RADER if in RADER's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other RADER site(s) and all copies thereof, whether made under the terms of these terms or otherwise. GENERAL PROVISIONS These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY RADER SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. This page was last updated: 04/01/2011 |
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